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New Delhi: Supreme Court justice Bhushan R Gavai on Sunday said there is a need for more diversity and representation of various sections of society in the judiciary as he asked the chief justices of the high courts to bear this in mind while making recommendations for elevation as high court judges.
He was addressing a function presided by Prime Minister Narendra Modi on the completion of 75 years of the Supreme Court since it held its first sitting on January 28, 1950.
Justice Gavai, who belongs to the Scheduled Caste (SC) category and is one among the three Dalit judges in the top court, said, “The judiciary, parliament and the executive have been emphasizing the need for diversity and representation of various sections of society in the judiciary. We have been making active efforts to ensure this. And our efforts shall continue.”
With all chief justices of high courts in attendance at the Supreme Court additional building complex, justice Gavai said, “Since the chief justices of all high courts are present here, I would earnestly request them to keep this in mind while making recommendations of elevations for various high courts.”
Both the judiciary and the executive have adopted a “collaborative approach” to ensure that the Supreme Court keeps on working at its full strength, he said.
Last week, justice PB Varale, also from the SC community, took oath as Supreme Court judge, taking the number of judges from the SC category to three, besides justice Gavai and justice CT Ravikumar.
With his appointment, the Supreme Court achieved its full strength of 34 judges following the retirement of justice Sanjay Kishan Kaul last month.
Justice Gavai, a member of Collegium, is in line to become the Chief Justice of India next year. After justice KG Balakrishnan, he will be the second Dalit judge to reach the high office, following the retirement of justice Khanna on May 3, 2025, and shall remain at the helm till November 23, 2025.
Recalling the role the Constitution has played in empowering all sections of society to serve the nation at all levels, justice Gavai said, “It is only because of Dr B R Ambedkar and the Constitution of India as framed by him and his colleagues, that a person like me, who began his schooling in a municipal school situated in a slum area could reach to this position.”
He said that the judiciary in the country plays a pivotal role and the Constitution makers accorded an important position to Article 32 among fundamental rights in the Constitution. Article 32 relates to the power of the Supreme Court to enforce the fundamental rights of citizens.
“The constitution of the Supreme Court symbolizes the balance of justice,” he Gavai said, adding, “For the last 74 years, the Supreme Court has indeed acted as the very heart and soul of the Constitution… It is an institution that acts as a shield against excesses of power.”
Justice Gavai, who was elevated from the Bombay high court to the Supreme Court in May 2019, quoted Ambedkar, who said, “If I was asked to name any particular article in this Constitution as the most important, an article without which this Constitution would be a nullity, I could not refer to any other article other than Article 32. It is the very soul of the constitution and the very heart of it”
Gavai said that over the past 74 years, all three wings – legislature, executive, and judiciary – have worked towards achieving the goal of social, economic and political equality. Sharing a quote in Marathi, the judge said, “People’s welfare is our first rule.”
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